A saga of illicit relationship of 5 years between two advocates is twisted into a tale of rape!!!
Santhanam and Anr Vs State and Anr on 20 Sep 2021Citations :
Other Sources :
A saga of illicit relationship of 5 years between two advocates is twisted into a tale of rape!!!
Santhanam and Anr Vs State and Anr on 20 Sep 2021Citations :
Other Sources :
Punjab High Court granted Regular Bail on the following basis:
A 3-judge bench laid down the law to be followed in respect of electronic evidence as a secondary evidence.
Sec 65B of Evidence Act is a complete code in itself.
19. Proof of electronic record is a special provision introduced by the IT Act amending various provisions under the Evidence Act. The very caption of Section 65A of the Evidence Act, read with Sections 59 and 65B is sufficient to hold that the special provisions on evidence relating to electronic record
shall be governed by the procedure prescribed under Section 65B of the Evidence Act. That is a complete code in itself. Being a special law, the general law under Sections 63 and 65 has to yield.
Special Law Prevails over General Law
22. The evidence relating to electronic record, as noted herein before, being a special provision, the general law on secondary evidence under Section 63 read with Section 65 of the Evidence Act shall yield to the same. Generalia specialibus non derogant, special law will always prevail over the general law. It appears, the court omitted to take note of Sections 59 and 65A dealing with the admissibility of electronic record. Sections 63 and 65 have no application in the case of secondary evidence by way of electronic record; the same is wholly governed by Sections 65A and 65B. To that extent, the statement of law on admissibility of secondary evidence pertaining to electronic record, as stated by this court in Navjot Sandhu case (supra), does not lay down the correct legal position. It requires to be overruled and we do so. An electronic record by way of secondary evidence shall not be admitted in evidence unless the requirements under Section 65B are satisfied. Thus, in the case of CD, VCD, chip, etc., the same shall be accompanied by the certificate in terms of Section 65B obtained at the time of taking the document, without which, the secondary evidence pertaining to that electronic record, is inadmissible.
Key Paragraph
24. The situation would have been different had the appellant adduced primary evidence, by making available in evidence, the CDs used for announcement and songs. Had those CDs used for objectionable songs or announcements been duly got seized through the police or Election Commission and had the same been used as primary evidence, the High Court could have played the same in court to see whether the allegations were true. That is not the situation in this case. The speeches, songs and announcements were recorded using other instruments and by feeding them into a computer, CDs were made therefrom which were produced in court, without due certification. Those CDs cannot be admitted in evidence since the mandatory requirements of Section 65B of the Evidence Act are not satisfied. It is clarified that notwithstanding what we have stated herein in the preceding paragraphs on the secondary evidence on electronic record with reference to Section 59, 65A and 65B of the Evidence Act, if an electronic record as such is used as primary evidence under Section 62 of the Evidence Act, the same is admissible in evidence, without compliance of the conditions in Section 65B of the Evidence Act.
Citations: [2015 MHLJ SC 2 135], [2015 RD 129 112], [2014 GUJ LH 3 305], [2014 KERLT 4 104], [2015 SUPREME 3 453], [2015 AIR SC 180], [2014 JT 10 459], [2015 SCC L&S 1 108], [2015 AWC SC 1 156], [2015 SCC CRI 1 24], [2015 ALR 111 811], [2014 SCC 10 473], [2015 JCC SC 1 214], [2014 SCC ONLINE SC 732], [2014 AIOL 574], [2014 SLT 8 223], [2015 MPLJ SC 1 507], [2015 SCC CIV 1 27], [2015 KARLJ 1 547], [2014 SCALE 10 660], [2015 ALT CRI 3 161]
Other Source links:
https://indiankanoon.org/doc/187283766/
https://www.casemine.com/judgement/in/5609af58e4b01497114161f4
This is the order which cited Shafhi judgment here, to larger bench for reconsideration, since there was a conflicting precedent, in Anvar P,V.
Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal on 26 July, 2019Here is the last Order, wherein Arguments have concluded and the Judgment was reserved.
Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal on 03 March 2020Here is the final Judgment authored by Justice R.F.Nariman.
Relevant portions:
From Para 52: Accused must be given copy of all documents that prosecution relies upon.
52. It is pertinent to recollect that the stage of admitting documentary evidence in a criminal trial is the filing of the charge-sheet. When a criminal court summons the accused to stand trial, copies of all documents which are entered in the charge-sheet/final report have to be given to the accused. Section 207 of the CrPC, which reads as follows, is mandatory. Therefore, the electronic evidence, i.e. the computer output, has to be furnished at the latest before the trial begins. The reason is not far to seek; this gives the accused a fair chance to prepare and defend the charges levelled against him during the trial. The general principle in criminal proceedings therefore, is to supply to the accused all documents that the prosecution seeks to rely upon before the commencement of the trial. The requirement of such full disclosure is an extremely valuable right and an essential feature of the right to a fair trial as it enables the accused to prepare for the trial before its commencement.
54. Therefore, in terms of general procedure, the prosecution is obligated to supply all documents upon which reliance may be placed to an accused before commencement of the trial. Thus, the exercise of power by the courts in criminal trials in permitting evidence to be filed at a later stage should not result in serious or irreversible prejudice to the accused. A balancing exercise in respect of the rights of parties has to be carried out by the court, in examining any application by the prosecution under Sections 91 or 311 of the CrPC or Section 165 of the Evidence Act.
Depending on the facts of each case, and the Court exercising discretion after seeing that the accused is not prejudiced by want of a fair trial, the Court may in appropriate cases allow the prosecution to produce such certificate at a later point in time. If it is the accused who desires to produce the requisite certificate as part of his defence, this again will depend upon the justice of the case – discretion to be exercised by the Court in accordance with law.
From Para 59,
Arjun Panditrao Khotkar Vs Kailash Kushanrao Gorantyal on 14 July 202059. We may reiterate, therefore, that the certificate required under Section 65B(4) is a condition precedent to the admissibility of evidence by way of electronic record, as correctly held in Anvar P.V. (supra), and incorrectly “clarified” in Shafhi Mohammed (supra). Oral evidence in the place of such certificate cannot possibly suffice as Section 65B(4) is a mandatory requirement of the law. Indeed, the hallowed principle in Taylor v. Taylor (1876) 1 Ch.D 426, which has been followed in a number of the judgments of this Court, can also be applied. Section 65B(4) of the Evidence Act clearly states that secondary evidence is admissible only if lead in the manner stated and not otherwise. To hold otherwise would render Section 65B(4) otiose.
Citations: [
Other Source links:
The Bombay High Court judgment which was challenged at Supreme Court is here.
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